Doctrinal Note. For authors such as Arturo Valencia Z. and Álvaro Ortiz Monsalve, every obligation implies a limitation of the freedom of the persons between whom the legal bond is established, and this limitation does not occur by itself, but requires the realization of a fact or suitable cause capable of creating it.
Jurisprudential Note: The Constitutional Court declared itself Inhibited from ruling on this article due to ineptitude of the claim, by means of Ruling C-534-05 of May 24, 2005, Judge Dr. Humberto Antonio Sierra Porto.
Jurisprudential Note: The Constitutional Court declared itself Inhibited from ruling on this article due to ineptitude of the claim, by means of Decision C-534-05 of May 24, 2005, Judge Dr. Humberto Antonio Sierra Porto.
Section 3. Modified. Decree 2820 of 1974, Article 60. (Adult minors who have not obtained age authorization and dissipators who are under interdiction are also incapable. But the incapacity of these persons is not absolute and their acts may have value in certain circumstances and under certain respects determined by law).
Art 523 cc
(right of) (Civil Law) Principal right in rem, dismemberment of the right of ownership, which confers to its holder, the user, the right to use the thing and to perceive the fruits of it, but within the limits of his needs and those of his family.
On the basis of article 524 C.C. we can define the use as that “limited real right of enjoyment, which gives the right to receive from the fruits of another’s thing those that are sufficient for the needs of the user and his family, even if the latter increases”.
Traditionally, the right of use had a wide diffusion in agricultural and artisan environments and towns; nevertheless, it is a legal figure revitalized by modern legislation, with special incidence in Family Law: v. gr, article 1.320 C.C. on the use of family furniture, articles 90, 96 and 103 C.C. on the use of the home and family trousseau in relation to nullity, separation and divorce…, and in the Law of Succession (articles 1.406 and 1.407 C.C., on the occasion of the liquidation of the community property).
3) When the property must be rebuilt, or repaired with necessary works that cannot be executed without delivery or vacating, or demolished because of its state of ruin or for the construction of a new work.
ARTICLE 519. <DIFFERENCES IN THE RENEWAL OF THE CONTRACT>. The differences occurring between the parties at the time of the renewal of the lease shall be decided by verbal procedure, with the intervention of experts.
ARTICLE 521. <PREFERENCE OF PREVIOUS LESSEE IN RECONSTRUCTED PREMISES>. The lessee shall have the right to be preferred, in equal circumstances, to any other person in the lease of repaired, reconstructed or newly built premises, without the obligation to pay premiums or special values, other than the lease fee, which shall be fixed by experts in case of disagreement.
PARAGRAPH: For the purposes of this article, the owner shall inform the merchant, at least sixty days in advance, of the date on which he may deliver the premises, and the latter shall give notice to the former, not less than thirty days prior to such date, whether or not to exercise the right of preference for the lease.
Art 524 civil code
Article 92 The administrative file that must precede the marriage in order to certify that the future spouses are not impeded and that they fulfill the other civil requirements, shall be filed with the Office of the Registry of Civil Status of the locality chosen by the spouses, regardless of their respective domiciles.
Article 93 If the locality of the Civil Status Registry Office acting differs from that corresponding to the domicile of one or both of the contracting parties, an official notice shall be issued to the respective Offices, in order to have the edict provided for in the preceding Article posted on the door.
Article 94 The reports of impediments (Article 91) shall be given in writing to the Officer of Civil Status, who shall have them added to the file with notice to the bride and groom, and shall forward them to the competent Court for processing and subsequent resolution.
CHAPTER V – SEPARATION OF BODIES AND DISSOLUTION OF MARRIAGE Article 145 The lawsuits of separation of bodies, dissolution and nullity of marriage are subject to the following provisions